Page, Billy Lee ( 2014 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-81,252-02
EX PARTE BILLY LEE PAGE, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 26545-A IN THE THIRD DISTRICT COURT
FROM ANDERSON COUNTY
Per curiam.
ORDER
Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the
clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte
Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated
assault and sentenced to twenty years’ imprisonment.
Applicant contends that his counsel rendered ineffective assistance because counsel failed
to timely file a notice of appeal the sentencing of his adjudication of guilt in March of 2005.
Applicant has alleged facts that, if true, might entitle him to relief. Strickland v. Washington,
466 U.S. 668 (1984); Ex parte Patterson, 993 S.W.2d 114, 115 (Tex. Crim. App. 1999); Ex parte
Axel, 757 S.W.2d 369 (Tex. Crim. App. 1988). In these circumstances, additional facts are needed.
2
As we held in Ex parte Rodriguez, 334 S.W.2d 294, 294 (Tex. Crim. App. 1960), the trial court is
the appropriate forum for findings of fact. The trial court shall obtain a response from counsel
regarding Applicant’s claim of ineffective assistance of counsel. The trial court may use any means
set out in TEX . CODE CRIM . PROC. art. 11.07, § 3(d). If counsel refuses to submit a response or fails
to respond, the trial court shall inform this Court of the efforts it made to obtain a response from
counsel and the results of every such effort.
It appears that Applicant is now represented by counsel. If the trial court elects to hold a
hearing, it shall determine whether Applicant is indigent. If Applicant is indigent and wishes to be
represented by counsel, the trial court shall appoint an attorney to represent Applicant at the hearing.
TEX . CODE CRIM . PROC. art. 26.04.
The trial court shall make findings of fact and conclusions of law as to whether Applicant
timely informed the trial court or counsel of his desire to appeal the sentencing from his adjudication
of guilt hearing. The trial court shall also make findings as to why Applicant waited over nine years
to present this claim to this Court. The trial court shall also make any other findings of fact and
conclusions of law that it deems relevant and appropriate to the disposition of Applicant’s claim for
habeas corpus relief.
This application will be held in abeyance until the trial court has resolved the fact issues. The
issues shall be resolved within 90 days of this order. A supplemental transcript containing all
affidavits and interrogatories or the transcription of the court reporter’s notes from any hearing or
deposition, along with the trial court’s supplemental findings of fact and conclusions of law, shall
be forwarded to this Court within 120 days of the date of this order. Any extensions of time shall
be obtained from this Court.
Filed: December 17, 2014
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